Employment Insurance Board of Appeal Regulations (SOR/2025-74)

Marginal note:Documents not in English or French

• 26 (1) A party who files a document with the Board of Appeal that is not in English or French must

  • (a) have the document translated into English or French; and

  • (b) file the translated document with the original document.

• Marginal note:Information to be filed with the translation

  (2) The following information must be filed with the translated document:

  • (a) the translator’s full name, postal address and, if applicable, their telephone number and email address; and

  • (b) a statement from the translator that the translation is accurate.

Marginal note:Request for translation of documents

• 27 (1) If the Commission files a document with the Board of Appeal that is not in a party’s chosen language for the appeal and that did not originate from that party, that party may request the Board of Appeal to provide them with a translation of the document in that language.

• Marginal note:Commission to file translated documents

  (2) After a request is made under subsection (1), the Commission must have the document translated and file the translated document with the Board of Appeal.

Hearing

Marginal note:Notice of hearing

28 The Board of Appeal must send a notice of hearing to all the parties

• (a) if a notice of appeal is filed within the period prescribed in subsection 43.11(1) of the Act, as soon as feasible after receiving the documents referred to in section 15; and

• (b) if a notice of appeal is filed after that period and if the Board of Appeal decides to hear the appeal, as soon as feasible after making that decision.

Marginal note:Region of appellant for hearing

• 29 (1) For the purposes of subsection 43.16(1) of the Act, an appeal is to be heard in the most suitable region listed in column 2 of the schedule to these Regulations, based on the appellant’s postal address in the appeal record.

• Marginal note:Other region for hearing

  (2) However, the Executive Head of the Board of Appeal may authorize that an appeal be heard in a region other than the region referred to in subsection (1) in any of the following circumstances:

  • (a) the appeal would not be heard in a timely manner if heard in the region referred to in subsection (1);

  • (b) hearing the appeal in a different region would facilitate travel of the parties;

  • (c) there is no panel available to hear the appeal in the region referred to in subsection (1);

  • (d) the appeal deals with a common question that involves appellants who are located, based on their postal addresses in the appeal record, in different regions;

  • (e) the appellant requests it;

  • (f) circumstances other than those included in paragraphs (a) to (e) require the appeal to be heard in a different region to ensure the operational efficiency of the Board of Appeal.

Marginal note:Format of hearing

• 30 (1) For the purposes of subsection 43.16(2) of the Act, an appeal is to be heard as follows:

  • (a) if the appellant requests that the hearing be held in person,

    • (i) the appellant is to be heard in person by the panel,

    • (ii) the other parties may

      • (A) attend in person, at their own expense,

      • (B) participate by videoconference or teleconference, or

      • (C) elect not to attend; and

  • (b) if the appellant requests that the hearing be held by videoconference or teleconference, does not wish to attend or be present at the hearing or fails to select a preferred hearing format and cannot be reached in this respect, the parties may

    • (i) participate by videoconference or teleconference, or

    • (ii) elect not to attend.

• Marginal note:Special circumstances

  (2) Despite subsection (1), if the Board of Appeal determines that an in-person hearing would raise security or health concerns that cannot be prevented or mitigated or would be impractical for operational reasons, the Executive Head of the Board of Appeal may change the format of the hearing and the parties may

  • (a) participate by videoconference or by teleconference; or

  • (b) elect not to attend.

• Marginal note:Absence of party

  (3) The Board of Appeal may decide to hold a hearing in the absence of a party who was duly notified of the date, time and format of the hearing and who, without prior notice, fails to appear.

• Marginal note:No hearing

  (4) If the Commission and the appellant are the only parties to the appeal and the Commission concedes the appeal, the Board of Appeal may give a decision based on the appeal record without holding a hearing.

Marginal note:Private hearing

31 For the purposes of subsection 43.16(3) of the Act, the Board of Appeal may, on its own initiative or on request, hold all or part of a hearing in private if it determines that there are no alternative measures that can prevent or mitigate any of the following serious risks that could result from a public hearing:

• (a) a serious risk that the disclosure of personal information, such as medical information, would cause undue hardship to a person that outweighs the societal interest that the hearing and appeal record be public;

• (b) a serious risk to the life, liberty or security of a person;

• (c) a serious risk to the fairness of the proceeding that outweighs the societal interest that the hearing and appeal record be public; or

• (d) a serious risk to public security.

Marginal note:Exclusion of persons from a hearing

• 32 (1) The presiding member may exclude any person from a hearing during which oral evidence concerning a circumstance of sexual or other harassment will be given.

• Marginal note:Recording made available

  (2) Any party who chooses to participate in the hearing and who is excluded under subsection (1) must be provided with a copy of the audio recording of oral evidence given at the hearing and an opportunity to respond to the evidence.

Marginal note:Postponing hearing

• 33 (1) A party may, as soon as feasible before the scheduled hearing date, request that the Board of Appeal postpone the hearing.

• Marginal note:New hearing date

  (2) The Board of Appeal may grant a request made under subsection (1) and set a new hearing date without asking the other parties to present arguments, unless the principles of natural justice require it.

• Marginal note:Subsequent request

  (3) If the Board of Appeal grants a party’s first request under subsection (1), it may not grant a further request by the same party unless it is

  • (a) filed at least five business days before the new hearing date; and

  • (b) justified by exceptional circumstances.

Marginal note:Suspension of appeal

• 34 (1) The Board of Appeal may suspend an appeal if

  • (a) one or more proceedings are ongoing before the Board of Appeal or another tribunal that raise issues that are similar to those under appeal or that may have a direct impact on the appeal; or

  • (b) it is required by the principles of natural justice.

• Marginal note:Lifting suspension

  (2) The Board of Appeal must lift the suspension if the reasons for the suspension set out in subsection (1) no longer exist.

Marginal note:Abandonment of appeal

• 35 (1) If the Board of Appeal determines that an appeal has been abandoned under subsection 43.19(1) of the Act, it must inform the parties and end all proceedings.

• Marginal note:Application to reopen appeal following abandonment

  (2) An appellant who files an application to reopen an appeal under subsection 43.19(2) of the Act must include

  • (a) their full name, postal address and, if applicable, telephone number and email address;

  • (b) their social insurance number or the identifying number indicated on the reconsideration decision being appealed or, if the appellant is an employer, the business number assigned to them by the Canada Revenue Agency; and

  • (c) the reasons for their failure to communicate with the Board of Appeal.

Marginal note:Withdrawing appeal

• 36 (1) An appellant may withdraw their appeal by notifying the Board of Appeal

  • (a) in writing, anytime before the hearing; or

  • (b) orally, anytime during the hearing.

• Marginal note:Consideration of withdrawal

  (2) When the Board of Appeal gives a decision under subsection 43.13(1) of the Act, it must take into account a notice of withdrawal filed under paragraph (1)(b).

Decision

Marginal note:Decision made

• 37 (1) The Board of Appeal must give a decision under subsection 43.13(1) of the Act on the day that the hearing concludes.

• Marginal note:Majority decision

  (2) For a decision to be made, a majority of the panel members who heard the appeal must agree and this majority can be obtained by any combination of the panel members.

• Marginal note:Dissenting opinion

  (3) The decision must include any dissenting opinion and the reasons for it.

• Marginal note:Signing of decision

  (4) The decision must contain the written or electronic signature of each panel member who heard the appeal.

• Marginal note:Extension of time to give decision

  (5) For the purposes of section 43.14 of the Act, the Executive Head of the Board of Appeal may extend the time limit set out in subsection (1) for the following special reasons:

  • (a) to respect the principles of natural justice;

  • (b) to consider evidence filed under section 21; or

  • (c) to allow the proceeding to occur as simply and efficiently as the circumstances and the principles of natural justice allow.

Consequential Amendments to the Employment Insurance Regulations

38 [Amendments]

40 [Amendments]

Coming into Force

Marginal note:S.C. 2023, c. 26

• Footnote ^*42 (1) Subject to subsection (2), these Regulations come into force on the day on which section 634 of the Budget Implementation Act, 2023, No. 1 comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered.

• Marginal note:S.C. 2023, c. 26

  (2) Sections 39 and 41 come into force on the day on which section 635 of the Budget Implementation Act, 2023, No. 1 comes into force.

• Return to footnote ^*[Note: Regulations, except sections 39 and 41, in force April 1, 2026, see SI/2026-4.]